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Alex J. Esq., Attorney at Law

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if a girl who is over 16, in a state where the age of consent

Customer Question

if a girl who is over 16, in a state where the age of consent is 16 meets an older guy for sex, and her parents find out, can anything be done legally, even contacting him for questions or is he protected since she is over the age of consent?

Hello. My name is XXXXX XXXXX I will be happy to answer your question.

As long as, the sex is consensual between the 16 year old and this older man, generally there would not be anything illegal or criminal in such action, thus there would not be any legal recourse that the parents of the 16 year old would have against the older man.

The parents of 16 year old can question this situation and also can attempt to contact this older man, but the older man would be under no legal obligation to talk to the parents and if the older man states that he doesn't want to have contact with the parents, the parents would have to stop any contact with the older man.

If under the state law the age of consent is 16 and the 16 year old has consensual sex with an older man, without any forcible action or coercion by the older man and the 16 year old does not suffer from any mental disability that would impair this girls mental capacity to give such consent, then such act would be considered legal under the law.

Anyone can contact this older man, but the older man is under no legal obligation to talk to anyone and can simply ask whoever contacts him to stop any further contact and if the person doesn't stop, such unwanted contact can be considered harassment or stalking.

I wish you the best of luck.

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the parents found out, and she has to go talk to an investigator. Based on her age, youve told me nothing illegal took place but it would be a bad thing for him if people showed up asking questions. My assumption is that even if the parents are upset, if she is of age, I cant imagine the police could dig up his information and go talk to him, simply because the parents are upset? they would not have just cause under the law to find this person and question him based on the parents being upset, but her being of age?

The police will question the 16 year old girl and if police determine that the older man might have in some way coerced this minor child to have sex with him or in some way forced this sexual encounter, then police will further investigate this situation and will likely locate the older male and will attempt to question older male.

If the older man is approached by police or anyone else about this matter, the older man should under any circumstances say anything or make any statements to anyone without a local criminal attorney present, as anything that the older man say, will only be used against the older man if the police and DA decide to bring criminal charges against the older man based on evidence or statements from the 16 year old.

well it has to do with the age of consent, I am assuming that age of consent not only addresses consent for sexual contact but also talking online about sexual issues and sending images etc? in other words could this man be in trouble because he was exchanging emails and images or is that all covered under the age of consent?

The state law age of consent only covers the age at which a person can engage in actual consensual sexual intercourse and nothing else.

If the 16 year old sent sexual images of herself to the older man, the older man would be guilty of possession of child pornography under both state and federal law, as it it illegal to possess any images of sexual nature, where a person under 18 is depicted and the older man can be facing felony child pornography charges under the state and federal law and many years in prison and a lifetime registration as a sex offender if charged and convicted of possession of child pornography.

The older man should urgently consult with an experienced local criminal defense attorney experienced in child pornography and not to discuss this situation with anyone without the local criminal defense attorney present.

The images were sent by her at the time she said she was 18, when she finally told him she was 16 he deleted the emails. does that make a difference? do you have any suggestions for someone in the twin city area who would handle something like this?

It might or might not make a difference depending on the facts and evidence of the case, and the situation is appears so serious that at this point it is imperative for the older man to consult and retain local criminal defense attorney and not try to speculate about the case on his own.

Unfortunately, we are not permitted to refer JA customers to specific lawyer or law firm, however you can find an experienced local criminal defense attorney by using this well trusted and reliable attorney information / referral websites:

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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